TO: Mayor and Commissioners
FROM: Timothy Stillings, Planning, Zoning and Building Director
THROUGH: Chief Neal de Jesus, Interim City Manager
DATE: September 7 , 2017
Title
ORDINANCE NO. 34-17: AMENDING THE LAND DEVELOPMENT REGULATIONS AT SECTION 4.3.3, SUBSECTION (G), PROHIBITING MEDICAL MARIJUANA TREATMENT CENTER - DISPENSING FACILITIES IN ALL ZONING DISTRICTS IN THE CITY OF DELRAY BEACH; AND AMENDING APPENDIX A “DEFINITIONS” TO PROVIDE DEFINITIONS FOR “MARIJUANA” AND “MEDICAL MARIJUANA TREATMENT CENTER - DISPENSING FACILITY". (FIRST READING/FIRST PUBLIC HEARING)
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Recommended Action:
Recommendation
Motion to Approve Ordinance No. 34-17 amending Section 4.3.3(G) prohibiting Medical Marijuana Treatment Centers - Dispensing Facilities and Appendix A Definitions, by adopting the findings of fact and law contained in the Staff Report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M).
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Background:
On September 8, 2016, the City of Delray Beach adopted Ordinance No. 27-16 establishing a moratorium on the operation of medical marijuana treatment centers and dispensing organizations to provide time for the City to evaluate the rules that would be promulgated for the constitutional amendment and any subsequent legislation.
On November 8, 2016, Florida voters approved an amendment to the Florida Constitution to allow for broad use of medical marijuana (including euphoric strains) and alternative dispensing methods such as marijuana-based food products within the State (the “2016 Constitutional Amendment”). The 2016 Constitutional Amendment authorizes and defines “Medical Marijuana Treatment Centers” to encompass the entire supply chain (cultivation, processing, transporting, distribution, dispensing and administering), not just retail sales to qualified patients.
In June of 2017, the Florida Legislature met in Special Session and approved Senate Bill 8-A, which substantially amends existing Florida law on medical marijuana. The City’s Land Development Regulations need to be amended to conform to the new requirements of Senate Bill 8-A, which was signed into law by Governor Rick Scott on June 23, 2017.
Senate Bill 8-A provides that the City is permitted to ban medical marijuana treatment center dispensing facilities (the stand-alone retail component) by ordinance. If the City does not ban the dispensing facilities outright, then the City cannot treat the dispensing facilities any differently than pharmacies with respect to zoning and permitting requirements.
With respect to medical marijuana treatment centers, Senate Bill 8-A provides that the City cannot regulate the cultivation, processing and delivery activities of these centers. Senate Bill 8-A also provides that a medical marijuana treatment center cultivating or processing facility may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school.
Senate Bill 8-A provides that the Florida Department of Health will license medical marijuana treatment centers in the State of Florida. Initially, there will be 10 licenses. Additional licenses may be issued once the names of qualified patients in the compassionate use registry reach certain thresholds. Additionally, Senate Bill 8-A provides substantial regulations for qualifying patients and caregivers (registration with State and issuance of State ID cards), for physicians issuing certifications to patients (cannot issue more than three 70-day supplies of marijuana; must track patients registered with State to make sure there are not multiple doctors prescribing for one patient), and for treatment centers, which include, but are not limited to, the hours of operation for centers (closed between 9 p.m. and 7 a.m., but deliveries to qualified patients can occur 24 hours a day); security requirements for centers (e.g., seed-to-sale tracking systems, security cameras, 2 employees on site at all times; level 2 background checks for employees; and employees must be at least 21 years of age); delivery requirements for centers (e.g., a minimum of 2 employees must be present for all deliveries; maintain delivery manifest), packaging requirements (e.g., cannot be attractive to children); and advertising limitations for centers (e.g., ads cannot be attractive to children; centers cannot have sidewalk spinners). Finally, Senate Bill 8-A provides that the medical use of marijuana does not include possession, use or administration in the form of smoking, but it does allow for edibles, and flowers in a sealed, tamper-proof receptacle for vaping. The Department of Health shall begin issuing qualified patient identification cards by October 3, 2017.
Given the two options posed by Senate Bill 8-A, the proposed amendment is to ban all medical marijuana dispensing facilities as the City is not permitted to establish additional regulations for this use.
City Attorney Review:
Approved as to form and legal sufficiency.
Finance Department Review:
N/A
Funding Source:
N/A
Timing of Request:
The moratorium on this use expires on September 8, 2017.